For many, opening a credit card line is exciting, as it shows they have worked to maintain a respectable credit score. As such, when you are accused of committing credit card fraud, understanding the penalties you can face is essential. Unfortunately, many assume the penalties are not severe since a credit card has more protection than a debit card or cash. Regardless, it’s imperative to understand that it’s in your best interest to connect with a Sacramento criminal defense lawyer to explore your legal options if you have been charged with this offense.
What Constitutes Credit Card Fraud?
Many people assume that fraud is a complex scheme involving months of planning. However, this is not always the case. Generally, you’ll find that in California, you can be charged with fraud when you use a credit card that is:
- Stolen
- Altered
- Counterfeit
- Forged
- Expired
It’s important to understand that you also do not have to have a physical card. Stealing someone’s credit card information electronically to use their information is still considered fraud. Additionally, you’ll find that transferring, selling, forging, or publishing credit card information can also warrant criminal charges.
What Happens if I’m Caught?
If you are caught committing credit card fraud, understanding the penalties you can face is critical. Many assume these charges are not severe since credit cards offer additional protections when compared to debit cards.
It’s important to understand that the sentence you can face will depend on the amount stolen. If the amount stolen is less than $950, you will face petty theft. This is a misdemeanor in California, meaning you will face six months in prison and the potential for $1,000 in fines.
If the charge is greater than $950, you’ll face a grand theft charge. However, this is a wobbler crime, meaning it can be charged as a misdemeanor or felony. A misdemeanor grand theft charge warrants one year in county jail and a fine of $1,000. If it’s charged as a felony, you’ll face up to three years in jail and a fine of up to $10,000.
Are There Any Defenses I Can Utilize if Charged?
Though it may not seem like there is anything you can do to avoid charges, this is far from the truth. In reality, the prosecution must prove that you had intent to commit the crime. For example, you may be able to prove that you had consent to use the card. Or, you may find that you inputted the incorrect information when making an online purchase, accidentally taking the money from another person’s card. Regardless, the prosecution must prove that you intentionally acted to defraud the cardholder, which can be incredibly difficult.
When you are charged with credit card fraud, it’s imperative to understand that connecting with the Law Offices of Dale R. Gomes is in your best interest. Our firm understands that facing these charges is not something that should be taken lightly. As such, we will work to explore all your legal options to help you fight for the best possible outcome. Contact us today to learn how we can assist you through these matters.